Sentenced nephew's killer

Last April, I wrote about my nephew killed by a drunk driver. Nephew was six months back from second tour in Iraq in the Marines. He was killed, girlfriend seriously injured. DUI driver, twice the legal limit, also on marijuana, pulled out in front of their motorcycle. Had no chance. They were returning home from a musical show put on by local highschool.

They finally got thru the legal stuff - took almost 11 months, while he was out on $5000 bail. Driver pled guilty to two charges: DUI causing death, DUI causing serious injury. Sentenced to 75 months to 22 years, on one count, 60 months to 20 years on other. Sentences to be served concurrently. Prosecutor told us judge actully sentenced above the norms for this offense. So he will serve the 75 months, guaranteed, and depending on parole board"s decisions after the 75 months. So he could be out in a very short time after the 75 months, or it could be much longer. Also has to pay restitution of somewhat over $50,000 to family and girlfriend. (Yeah, we"re not holding our breath.) Driver also had been habitual status, with previous scrapes with the law over drug use. Driving without license. His own attorney admitted in court that he was still using marijuana DAILY since crash. Mother, Dad and girlfriend all gave moving statements to the court.

About 40 members of our family and friends, and girlfriend"s family were there for the sentencing. Think that and the many letters to the judge may have influenced his decision somewhat. We"re not happy with the sentences, but probably we got about as good as we could have expected. We are still devistated, and this opened all the wounds all over agai

My heart goes out to your family & I'll pray for you. What kind of judicial system is it that will even consider the minimum time served to be a mere 60-75 months?? - and then the maximum be somewhere in the 20 yr. range?? The bare minumum ought to be 20+ years - guaranteed! For a habitual offender like this, the penalty should be much stiffer! At least some measure of justice has been served.

Very sorry to hear of your loss, I agree 20 years should be the least for someone with repeating run in's.

L.

Those are the sentencing guidelines passed by our wonderful legislature. Former governor was trying to shorten even those, so as to put criminals out sooner.

So sorry for your loss.Being a Court Officer I see this kind of drunk driving offenses all the time in our Court. Try to attend any and all parole board hearings. Write letters to the parole board to help influence their decision. This guy"s driver"s license is gone for good. If he ever drive"s again and is pulled over he goes driectly to jail,...don"t pass go and no get out of jail free card.
If this guy was out on bond, (bail) and admitted to smoking dope,..he broke a condition set for bond and should have been back in jail. He has to report to Court services while out on bond and cannot have any drugs in his system,.(He is subject to testing every time he reports). I believe with his history he will be in way beyound 75 months. As far as restitution,..I doubt you will see any of that cash,..however you can go after his assets for payment if he has any,..i.e. car, house, land,..etc.If you have any questions feel free to e-mail me.
Again,sorry for your loss and you and your family are in our prayers.
Leo and Denise Alberts

Local headline tonight is a person out after serving less than his two year minimum sentence for having hit another in the back of the head after a local softball game- victim died the next day!
One story admitted perp. had a record of assault, etc.
As far as I'm concerned he's a murderer. Wasting oxygen.
I have little faith in our system.

dui no license smoking dope daily. killed someone.
hang the sob maybe the next dumb azz will think twice before driving. if they haven't fryed all their brain cells

very sorry for you. also agree that the he should serve a lot more time

And the marijuana advocates would keep harping that it is a harmless drug. I know the perfect pitch to stop legalization in its tracks and it is somewhat sad also. I have family (including in-laws) that are serious addicts and while I love them as people they are nothing more than leaches. I think if people looked at it in terms of how much these people sponge off of others they would change their tune about pot. The common thread I see with anybody I know that is addicted is that pot makes them allergic to work. Yet these people want their own place to live and food to eat. When welfare does not cover their lifestyle they go out and steal to make up for the difference. We need to return the element of shame to social failings like being displayed in stocks in the town square.
Some might say let them smoke their dope but let's see them steal from me - it will never happen. I'll I have to say is I do not know anybody that can stay home 24-7 to watch their things.

The courts hands are tie as said on this posting. Not like in the old days when you took them out and hung them. ... but his life won't be so good either. Then cell walls close in on you every day. Plus you might end up someones woman in there for years. lol Hope someone brings a letter from anyone. ...as I said it's not a fun in there and easy as some think. It's a city with in the city with it's own laws. Like inmates have laws of their own even. ..sometimes you die in there because to ticked another guy off... retired Law Officer here.

Had already lost his license in previous scrapes with the law. Driving without license. As far as drug use, this came out at sentencing, Thanks to defense attorney's big mouth. With an attorney like that, who needs enemies? I wouldn't have him defend my cat for assaulting a mouse! Apparently there was no attempt to monitor the defendant's activities while out on bond all that time.

He will no doubt start teaching sunday school in the prison and getting all the churchers to write letters to get him out early. I will bet you 100 bucks he dont spend 75 months in jail. They all fake religion and become do gooders to get off. Then they kill someone else as soon as they get out.
Best thing a family can do is very quickly even before the trial is to handle with a cash payment to achieve a permanent solution.
Tom

Here in Tx, at least in Dallas, if a DUI results in death, they can charge the drunk with murder. I think that has happened twice.

In cases like yours, they should be charged with murder.

Only 75 months for murder?
What the *uck is wrong with this country?
That guy should get a minimum of 20 years!
But with the state of the financial mess he may get out way sooner, cause they wont have the money to keep the prisons running.

If he was sentenced in Vermont, it would be 2 weeks on a work crew. The courts are a joke here as in a lot of other places.

Thats one of the more messed up sentences out recently; But unfortunattely not terribly suprising.

When You have ridiculous states like Illinois which want to abolish death penalties, & just did sign it in to law this week! How do you get a fair sentence with a fair trial. I live in Indiana, & my State nnalert politicians ran to Illinois so they wouldnt get arrested, & sent back to the statehouse to do their job. Wisconsin is the same situation.

I GREIVE FOR YOU; I REALLY DO!!!


Scotty

"Driver also had been habitual status, with previous scrapes with the law over drug use. Driving without license." That pretty much says it all. Michigan, just like most other states, has been ineffectual in dealing with habitual drunk drivers and drug users. God help you if you're a working stiff who gets pulls over after a couple of beers; the system is going to put you through the wringer and it's going to set you back about ten grand. But for the serious repeat offenders, they just keep driving. Sure they go to jail, but once they're back out they go right back to drinking, shooting up and driving. Until finally they kill someone and do serious time.

Michigan's idiotic Driver Responsibility fees add to the problem. Guy gets into an accident, he has to pay a fee. If he's a drunk or addict, he doesn't pay it (other priorities) and has his license taken away. He gets pulled over with no license, it's another Driver Responsibility fee. By this time, he's up to two or three grand. He can pay up and get his license back, or just keep driving, only without license or insurance. Simple choice for a drunk or drug addict. When habitual offenders kill somebody, they NEVER have a license or insurance.

Sorry to hear the out come handed down by the court. Happens all the time in Illinois. One thing the jails are FULL is the reason for the fast turn around in Illinois. Get more time for stealing a car than out right murder. One of our gov-iners is spending time in Indiana jail with another on the way to jail.

When O J beat 2 murder raps in California I figured there is no law in the land.

Name of the game is clean up put on a suit and go to court and roll the dice.

I just saw where somebody up by Traverse City was arrested for driving under the influence of medical marijuana. Local prosecutor didn't really want to get involved the way it sounds. Schutte just got involved and charges have Bean filed. Of course the supporters of the whole issue are calling driving under the influence of controlled substance an archaic law that needs to be overturned.

I guess they would like us to believe that "medical" pot doesn't affect ones driving judgement as regular old "real" pot does! What a bunch of idiots! If one is in that much pain that they need "medical" pot then they shouldn't be driving! If they smoke enough to kill the pain and that is the ONLY thing that WILL kill the pain )so they say) then they ARE under the influence , no if,s and,s or but,s! When we gonna get rid of these "LIBERALS" in this country before they kill anyone else???

Makes me mad too, but it wasn't murder, as far as the legal definition goes. He had no intent, just a flippin idiot that should be at hard labor for at least 75 months.

Send them boys to hammer on rocks for 12 hours a day everyday, see how many re-offend. Or just send them to a warm cell with 3 squares, wait for them to get out early and do it all again. We the People need to push our legislatures for more strict sentencing.